MEEHAN v. BARKSDALE TENANTS CORP.

2615, 16434/06

73 A.D.3d 514 (2010)

900 N.Y.S.2d 310

JOSEPH M. MEEHAN et al., Appellants, v. BARKSDALE TENANTS CORP. et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 13, 2010.


Plaintiff's testimony that the patch of ice on which he slipped was gray or white and approximately eight feet by four feet, coupled with the evidence that the temperature had not been above freezing for at least two days prior to the accident, is sufficient to raise an issue of fact on constructive notice (see Gordon v American Museum of Natural History, 67 N.Y.2d 836, 837 [1986] ["a defect must be visible and apparent and...

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